11334 Federal Register / Vol. 89, No. 31 / Wednesday, February 14, 2024 / Notices 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

[Docket Number USTR–2023–0013] 

Submission of Post-Hearing 

Comments: Operation of the United 

States-Mexico-Canada Agreement With 

Respect to Trade in Automotive Goods 

AGENCY: Office of the United States 

Trade Representative (USTR). 

ACTION: Notice and request for posthearing comments. 

SUMMARY: On February 7, 2024, the 

Office of the United States Trade 

Representative (USTR) and the 

Interagency Committee on Trade in 

Automotive Goods (Committee) held a 

virtual public hearing to receive oral 

testimony related to the biennial review 

of the operation of the United StatesMexico-Canada Agreement (USMCA) 

with respect to trade in automotive 

goods. USTR is accepting post-hearing 

comments until February 28, 2024. 

DATES: February 28, 2024 at 5 p.m. EST: 

Deadline for submission of post-hearing 

briefs or supplementary materials 

related to the virtual public hearing. 

ADDRESSES: USTR strongly prefers 

electronic submissions made through 

the Federal rulemaking Portal: https://

www.regulations.gov/ (Regulations.gov). 

Follow the instructions for submitting 

written submissions in section II below, 

using docket number USTR–2023–0013. 

For alternatives to on-line submissions, 

please contact Justin Hoffmann, Deputy 

Assistant U.S. Trade Representative for 

Market Access and Industrial 

Competitiveness, in advance of the 

deadline at (202) 395–2990 or 

Justin.D.Hoffmann@ustr.eop.gov. 

FOR FURTHER INFORMATION CONTACT: 

Justin Hoffmann, Deputy Assistant U.S. 

Trade Representative for Market Access 

and Industrial Competitiveness at (202) 

395–2990 or Justin.D.Hoffmann@

ustr.eop.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In a notice published on November 

22, 2023 (88 FR 81527) (November 22 

notice), USTR requested public 

comments for the biennial review of the 

USMCA with respect to trade in 

automotive goods, and announced a 

virtual public hearing that was held on 

February 7, 2024. The November 22 

notice included the hearing date, as well 

as the deadlines for requests to testify 

and the submission of written 

comments. An announcement regarding 

post-hearing submissions was made 

during the February 7, 2024 virtual 

hearing, and the transcript of the 

hearing will be available on 

Regulations.gov under Docket Number 

USTR–2023–0013. 

This notice announces that interested 

parties may submit post-hearing briefs, 

supplementary materials, and 

statements by 5 p.m. EST on February 

28, 2024. 

II. Procedures for Written Submissions 

To be assured of consideration, 

submit your post-hearing briefs or 

supplementary materials by the 

February 28, 2024, 5 p.m. EST deadline. 

All submissions must be in English. 

USTR strongly encourages submissions 

via Regulations.gov, using Docket 

Number USTR–2023–0013. 

To make a submission via 

Regulations.gov, enter Docket Number 

USTR–2023–0013 in the ‘search for’ 

field on the home page and click 

‘search.’ The site will provide a search 

results page listing all documents 

associated with this docket. Find a 

reference to this notice by selecting 

‘notice’ under ‘document type’ in the 

‘refine documents results’ section on the 

left side of the screen and click on the 

link entitled ‘comment.’ Regulations.gov 

allows users to make submissions by 

filling in a ‘type comment’ field, or by 

attaching a document using the ‘upload 

file’ field. USTR prefers that you 

provide submissions in an attached 

document and that you write ‘see 

attached’ in the ‘type comment’ field. 

USTR prefers submissions in Microsoft 

Word (.doc) or Adobe Acrobat (.pdf). If 

you use an application other than those 

two, please indicate the name of the 

application in the ‘type comment’ field. 

At the beginning of your submission 

or on the first page (if an attachment), 

include the following text: (1) 2024 

USMCA Autos Report; (2) your 

organization’s name; and (3) that it is a 

post-hearing submission. Please do not 

attach separate cover letters, exhibits, 

annexes, or other attachments to 

electronic submissions; rather, include 

any in the same file as the submission 

itself, not as separate files. You will 

receive a tracking number upon 

completion of the submission procedure 

at Regulations.gov. The tracking number 

is confirmation that Regulations.gov 

received your submission. Keep the 

confirmation for your records. USTR is 

not able to provide technical assistance 

for Regulations.gov. 

For further information on using 

Regulations.gov, please consult the 

resources provided on the website by 

clicking on ‘How to Use 

Regulations.gov’ on the bottom of the 

home page. USTR may not consider 

submissions that you do not make in 

accordance with these instructions. 

If you are unable to provide 

submissions as requested, please contact 

Justin Hoffmann, Deputy Assistant U.S. 

Trade Representative for Market Access 

and Industrial Competitiveness, in 

advance of the deadline at 

Justin.D.Hoffmann@ustr.eop.gov or 

(202) 395–2990, to arrange for an 

alternative method of transmission. 

USTR will not accept hand-delivered 

submissions. General information 

concerning USTR is available at 

www.ustr.gov. 

If you ask USTR to treat information 

you submit as business confidential 

information (BCI), you must certify that 

the information is business confidential 

and you would not customarily release 

it to the public. For any comments 

submitted electronically containing BCI, 

the file name of the business 

confidential version should begin with 

the characters ‘BCI.’ You must clearly 

mark any page containing BCI with 

‘BUSINESS CONFIDENTIAL’ at the top 

of that page. Filers of submissions 

containing BCI also must submit a 

public version of their submission that 

will be placed in the docket for public 

inspection. The file name of the public 

version should begin with the character 

‘P.’ 

USTR will post written submissions 

in the docket for public inspection, 

except properly designated BCI. You 

can view submissions at 

Regulations.gov by entering Docket 

Number USTR–2023–0013 in the search 

field on the home page. 

Juan Millan, 

Acting General Counsel, Office of the United 

States Trade Representative. 

[FR Doc. 2024–03050 Filed 2–13–24; 8:45 am] 

BILLING CODE 3390–F4–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2024–0003] 

Award Management Requirements 

Circular (C 5010.1) Proposed Updates 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of availability of 

proposed circular updates and request 

for comments. 

SUMMARY: The Federal Transit 

Administration (FTA) is seeking public 

comment on proposed updates to FTA’s 

Award Management Requirements 

circular (C 5010.1). The proposed 

updates combine requirements 

applicable to all FTA financial 


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assistance awards (referred to as ‘‘crosscutting’’ requirements) and, when final, 

will supersede parts of three separate 

FTA circulars (the proposed ‘‘Grant 

Programs for Urbanized Areas’’, 

‘‘Formula Grants for Rural Areas’’ (C 

9040.1G), and ‘‘Enhanced Mobility of 

Seniors and Individuals with 

Disabilities’’ (C 9070.1G)). The proposed 

updates also reflect changes made by 

the Fixing America’s Surface 

Transportation (FAST) Act; the 

Infrastructure Investment and Jobs Act 

(IIJA), also known as the Bipartisan 

Infrastructure Law (BIL)); the Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards; and other updates to 

FTA policies and procedures. 

DATES: Comments must be submitted by 

April 15, 2024. Late-filed comments will 

be considered to the extent practicable. 

ADDRESSES: Please submit your 

comments by only one of the following 

methods, identifying your submission 

by docket number FTA–2024–0003. All 

electronic submissions must be made to 

the U.S. Government electronic site at 

https://www.regulations.gov/. 

(1) Federal eRulemaking Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for submitting 

comments. 

(2) Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

(3) Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, between 9 

a.m. and 5 p.m. Eastern time, Monday 

through Friday, except Federal holidays. 

(4) Fax: 202–493–2251. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and Docket number 

(FTA–2024–003 for this notice at the 

beginning of your comments. Submit 

two copies of your comments if you 

submit them by mail. For confirmation 

that FTA received your comments, 

include a self-addressed stamped 

postcard. Note that all comments 

received will be posted without change 

to https://www.regulations.gov/ 

including any personal information 

provided and will be available to 

internet users. For information on 

DOT’s compliance with the Privacy Act, 

please visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents and 

comments received, go to https://

www.regulations.gov/ at any time or to 

the U.S. Department of Transportation, 

1200 New Jersey Ave. SE, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590 between 9 a.m. 

and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

award management questions, Latrina 

Trotman, Office of Program 

Management, Federal Transit 

Administration, 1200 New Jersey Ave. 

SE, Room E46–301, Washington, DC 

20590, phone: (202) 366–2328, or email, 

Latrina.Trotman@dot.gov. For legal 

questions, Jerry Stenquist, Office of 

Chief Counsel, same address, Room 

E56–314, phone: (202) 493–8020, or 

email, Jerry.Stenquist@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents: 

I. Overview 

II. Chapter-by-Chapter Analysis 

A. Chapter I—Introduction and 

Background 

B. Chapter II—Circular, FTA Programs, and 

Grants Management Overview 

C. Chapter III—Award Development and 

Administration 

D. Chapter IV—Property Administration 

and Award Management 

E. Chapter V—FTA Oversight 

F. Chapter VI—Financial Management 

G. Appendices 

I. Overview 

FTA proposes an update to its Award 

Management Requirements Circular (C 

5010.1). The proposed circular updates 

summarize FTA and Federal-wide 

administrative requirements for 

financial assistance awards while 

consolidating pre-existing cross-cutting 

guidance from previous FTA program 

circulars and reducing duplicative 

information repeated in separate 

circulars. The proposed circular updates 

also incorporate provisions of the Fixing 

America’s Surface Transportation 

(FAST) Act, the Infrastructure 

Investment and Jobs Act (IIJA), and new 

or updated administrative requirements 

from 2 CFR parts 200 and 1201. 

Additionally, the updates clarify 

existing policy issues as interpreted and 

applied by FTA. Furthermore, the 

circular includes updated FTA policy 

regarding real property status reporting, 

the incidental use of FTA-funded 

project property, and transfer of real 

property to third party entities for 

affordable housing. The proposed 

circular updates also increase the use of 

graphics, tables, and weblinks to 

improve clarity. A copy of the proposed 

updated circular will be placed in the 

docket, and posted on FTA’s Proposed 

Circulars web page (https://

www.transit.dot.gov/regulations-andguidance/fta-circulars/proposedcirculars). 

II. Chapter-by-Chapter Analysis 

A. Chapter I—Introduction and 

Background 

Due to the consolidation of three 

program circulars, definitions and 

program descriptions were compared 

and revised for consistency with 

proposed revisions and updates to the 

following FTA circulars: the proposed 

‘‘Grant Programs for Urbanized Areas’’, 

‘‘Formula Grants for Rural Areas’’ (C 

9040.1G), and ‘‘Enhanced Mobility of 

Seniors and Individuals with 

Disabilities’’ (C 9070.1G). FTA proposes 

to amend the definitions section for 

consistency, clarification, and to reflect 

changes to statute and other authorities. 

Specifically, FTA has updated the 

following terms: 

• ‘‘Amendment’’ has been added for 

consistency with the three program 

circulars. 

• ‘‘Capital Asset’’ is modified for 

consistency with 2 CFR 200.1. 

• ‘‘Concurrent Non-Project 

Activities’’ has been removed and 

requirements have been relocated to the 

body of the circular. 

• ‘‘Excess Real Property Inventory 

and Utilization Plan’’ has been removed 

as information is required in the revised 

Real Property Status Report. 

• ‘‘Facilities’’ has been updated to 

add fixed guideways. 

• ‘‘Federal Interest’’ has been updated 

to better align with FTA and Federal 

regulations, including in cases where 

fair market value determinations are not 

readily discernable. 

• ‘‘Incidental Use’’ has been updated 

to align with FTA and Federal 

requirements to ensure that recipients 

maintain satisfactory continuing control 

over FTA funded property. 

• ‘‘National Environmental Policy 

Act’’ has been updated to clarify the role 

in FTA funded projects. Requirements 

have been moved to the body of the 

circular. 

• ‘‘Operating Expenses’’ has been 

updated to clarify the differentiation 

from capital expenses. 

• ‘‘Pre-award Authority’’ has been 

updated to clarify the process in which 

announcements and notifications occur. 

• ‘‘Program of Projects’’ has been 

updated to align with changes made in 

other FTA circulars. 

• ‘‘Real Property’’ has been modified 

for consistency with 2 CFR 200.1. 

• ‘‘Real Property Inventory’’ has been 

renamed the Real Property Status Report 

and has been updated to reflect the 

revised requirements of 2 CFR 200.330. 

• ‘‘Remaining Federal Interest for 

Dispositions Before the End of the 

Useful Life of Project Property’’ has 

been deleted and requirements have 


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been relocated to the body of the 

circular. 

• ‘‘Remaining Federal Interest in 

Federally Assisted Property’’ has been 

deleted and requirements have been 

relocated to the body of the circular. 

• ‘‘Rolling Stock Repowering’’ has 

been updated and requirements have 

been moved to the body of the circular. 

• ‘‘Satisfactory Continuing Control’’ 

has been updated to more closely align 

with FTA and Federal requirements for 

the use of, and Federal interest in, 

project property. 

• ‘‘Shared Use’’ has been updated for 

clarity and differentiation from 

‘‘incidental use’’ as defined in the 

circular. Requirements have been 

relocated to the body of the circular. 

• ‘‘Unobligated Balance’’ has been 

updated to provide concept 

clarifications. Methodology and 

reporting requirements have been 

relocated to the body of the circular. 

• ‘‘Urbanized Area’’ has been updated 

to reflect changes in designation by the 

Census Bureau, which no longer utilizes 

‘‘Urbanized Area’’ but ‘‘Urban Area’’ 

(UZA), as defined by the Secretary of 

Commerce. 

• ‘‘Useful Life’’ clarifies applicability 

to real property and other capital assets. 

Because useful life depends on 

depreciation and estimated time in use, 

expected minimum useful life changes 

according to the type of asset in 

question. Furthermore, ‘‘Useful Life’’ 

has been updated to clarify the 

relationship between the measurement 

of property use and federal financial 

interest in project property. The revised 

definition also distinguishes from the 

‘‘useful life benchmark’’ concept 

utilized by the Transit Asset 

Management (TAM) System. 

In addition, FTA proposes updates to 

the list of abbreviations and acronyms 

provided in the circular to better reflect 

agency standards for references and text 

additions found elsewhere in the body 

of the circular. 

B. Chapter II—Circular, FTA Programs, 

and Grants Management 

Chapter II of the proposed circular 

updates provide an overview of the 

requirements and procedures for the 

management of all applicable FTA 

programs authorized under 49 U.S.C. 

Chapter 53. Additionally, this chapter 

provides an overview of the 

government-wide requirements 

applicable to FTA awards. This 

chapter’s updates reflect statutory and 

regulatory requirements enacted since 

the issuance of previous versions of this 

circular. Major updates in this chapter 

include: 

• Updating the list of FTA programs 

to which the circular will apply. This 

includes the addition of program 

descriptions for the Rural 

Transportation Assistance Program 

(RTAP) (Section 5311(b)(3)) and the 

Intercity Bus Program (Section 5311(f)) 

as well as the removal of program 

descriptions of programs that are no 

longer active. 

• Updating the roles and 

responsibilities of the recipient to 

clarify the necessary timing of funding 

drawdown requests. 

• Updating FTA’s coordination of 

triennial and state management reviews 

and substantial involvement in 

cooperative agreements. 

• Disadvantaged Business Enterprise 

(DBE) program goals and requirements 

located throughout the circular. 

• Adding descriptions of the Build 

America, Buy America Act (BABA) 

domestic preference requirements, 

which apply in addition to FTA’s 

longstanding Buy America statute. 

• Amending the ‘‘Buy America 

Domestic Preference’’ subsection to 

reflect updates made by 2 CFR part 184 

implementing the Build America, Buy 

America Act (BABA), primarily 

affecting FTA-funded infrastructure 

projects by adding domestic preferences 

for construction materials and 

additional procedures related to Buy 

America waivers. 

• Within the ‘‘Design and 

Construction of Facilities’’ subsection, 

distinguishing FTA’s Project and 

Construction Management Guidelines 

from the Construction Project 

Management Handbook. 

• Adding a subsection entitled ‘‘Title 

VI Equity Analysis for Facilities’’ to 

better inform recipients of the 

requirement to conduct such analyses. 

• A subsection on project signage has 

been added to address FTA’s project 

signage preferences for FTA assisted 

projects. This subsection includes 

guidelines for displaying agency logos, 

incorporating text, placement of signage, 

and associated costs, among other 

signage guidance. 

C. Chapter III—Award Development and 

Administration 

This chapter describes the 

requirements for administering an 

award made by FTA. Chapter III is 

reorganized to include both pre-award 

and post-award administrative 

requirements. The Chapter’s updates 

consolidate established cross-cutting 

requirements as well as those based on 

newly enacted statute or regulation. 

Major updates within this chapter 

include: 

• An award lifecycle graphic provides 

an overview of the major phases of an 

award. 

• Updates to the ‘‘Metropolitan and 

Statewide Planning Requirements’’ 

incorporating information from the 

relevant program circulars and the 

Statewide Transportation Improvement 

Plan (STIP) and Transportation 

Improvement Plan (TIP) processes. 

• Updates to the ‘‘Multiple 

Designated Recipients in Large UZAs’’ 

subsection more accurately reflecting 

FTA expectations for coordination 

among local officials. 

• Expansion of the ‘‘Force Account’’ 

subsection to include additional 

explanation of the FTA approval 

process. 

• Reorganization of the 

‘‘Certifications and Assurances’’ 

subsection by general capacities, 

standard assurances, and certification 

procedures. 

• Expansion of the ‘‘Application 

Process’’ subsection clarifying the 

requisite structure of award budgets in 

the Transit Award Management System 

(TrAMS). 

• Updates to the ‘‘Reporting 

Requirements for Post Award 

Administration’’ subsection to include 

planning reports for multiple activities, 

projects, and awards. 

• An expansion of the guidance on 

the ‘‘Federal Financial Report (FFR)’’ 

subsection to include the reporting of 

approved Indirect Cost Rate Proposals 

or Cost Allocation Plans. 

• Updates to the ‘‘Budget Revision’’ 

subsection consolidating the 

requirements and procedures for 

revising award budgets. 

• Clarification regarding an award’s 

period of performance and related 

eligibilities of costs incurred after the 

award end date. 

• Updates to the subsection on 

‘‘Changes to Discretionary Awards or 

Earmarks’’ highlighting the necessity of 

the competitive process and pre-award 

negotiations. 

• Updates to the Adjustments to the 

‘‘Federal Share of Costs’’ subsection 

clarifying that recipients are required to 

refund any costs FTA disallows during 

or after the award closeout process. 

• Broadening of, and change to, the 

‘‘Disposition of Equipment and 

Supplies’’ subsection to the 

‘‘Disposition of Property’’ subsection. 

• Relocation of property disposition 

procedures to Chapter IV. 

D. Chapter IV—Property Administration 

and Award Management 

Chapter IV of the proposed circular 

updates reorganize and update the 

award management requirements 


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regarding real property and equipment 

administration. This chapter provides 

guidance on the acquisition, 

management, use, and disposition of 

FTA assisted property, including 

facilities purchased or constructed, and 

rolling stock, other equipment, and 

supplies procured under an FTA award. 

The updated requirements are in 

accordance with 2 CFR part 200, 

authorizing and appropriating 

legislation, and other Federal property 

requirements. In addition, much of the 

content within the chapter has been 

reorganized and consolidated. Some of 

the major changes include: 

• A reorganization and consolidation 

of the real property and equipment 

requirements into separate sections. 

• An overview of Transit Asset 

Management (TAM) regulations that 

impact FTA assisted property has been 

moved under the General heading of 

Chapter IV. 

• Updates to the ‘‘Appraisal Review 

of Real Estate’’ subsection to clarify the 

requirements and FTA expectations for 

a technical analysis and review of 

appraisal reports. Additional guidance 

has been made regarding the 

qualifications of review appraisers and 

FTA concurrence requirements. For 

Major Capital projects, FTA is proposing 

to reduce submission requirements for 

projects with an approved Real Estate 

Acquisition Management Plan. 

• Updates to concurrence 

requirements for incidental uses of 

project property within the subsections 

‘‘Property Management for Real 

Property’’ and ‘‘Incidental Use for NonTransit Uses of FTA Assisted Real 

Property’’, including specifying of 

circumstances in which a recipient must 

notify or seek concurrence from FTA in 

advance of its incidental uses of project 

property. 

• Retitling of the ‘‘Real Property 

Inventory’’ subsection to ‘‘Real Property 

Status Report’’ and updating the 

subsection to reflect the current 

requirements in 2 CFR 200.330 that 

recipients must submit a real property 

status report to FTA every three years. 

FTA proposes the minimum elements of 

such reports. Additionally, FTA 

proposes in its policy that these 

recipients shall generally submit these 

reports to FTA as part of the triennial or 

state management review process. The 

Real Property reporting requirements 

apply to all FTA assisted real property 

held by a recipient, regardless of the 

date real property was acquired or 

improved. Any recipient not subject to 

a Triennial or State Management Review 

should discuss the timing of the report 

submissions with their regional office. 

• A new subsection, ‘‘Transfers for 

Affordable Housing’’, which 

incorporates a new disposition option 

added in 49 U.S.C. 5334(h)(1)(B) that 

allows a recipient to dispose of an asset 

with no repayment to the Federal 

Government if it will be used for a 

transit-oriented development that 

includes a minimum amount of 

affordable housing, as a percentage of 

the total floor area. 

• Updates to the subsection 

‘‘Incidental use for Equipment and 

Supplies (including Rolling Stock)’’, 

specifying the circumstances in which a 

recipient must notify and seek 

concurrence from FTA in advance of its 

incidental uses of project property. 

• Updates to the subsection ‘‘Leases’’ 

clarifying the eligibility of Federal 

funding of capital lease payments as 

distinguished from payments for 

operating leases, including the removal 

of cost analyses as a prerequisite for 

payment eligibility as repealed by the 

FAST Act. 

• Updates to the ‘‘Management of 

Federally Assisted Property’’ subsection 

for equipment and rolling stock with 

more clearly defined requirements for 

equipment records. 

• Updates to the ‘‘Maintenance and 

Warranty’’ subsection for equipment 

and rolling stock to clarify the 

requirement for recipients to develop 

and implement maintenance procedures 

for FTA funded equipment. 

• Updates to the ‘‘Disposition of 

Equipment and Supplies’’ subsection to 

clarify reimbursement requirements to 

resolve FTA’s remaining share. 

• Addition of a subsection ‘‘Vehicle 

Components (Including Converted 

Vehicles) at End of Minimum Useful 

Life’’ outlining requirements governing 

the retention and disposition of vehicle 

components after disposition of the 

vehicle. In the event that a recipient 

disposes of a vehicle but retains vehicle 

components, recipients must treat the 

component the same as other Federally 

funded equipment, including 

maintaining records identifying the 

retained vehicle components in its 

equipment inventory until disposition 

of the retained components. FTA 

continues to retain a Federal interest in 

any vehicle components retained or 

repurposed by the recipient. The 

Federal interest will continue to be 

proportional to the Federal share of 

participation in the vehicle acquisition. 

The remaining components must be 

valued at the time of removal from the 

vehicle. 

• Updates to the subsection 

‘‘Insurance Proceeds for Equipment and 

Rolling Stock’’ including clarifications 

for applying or repaying insurance 

proceeds for equipment or rolling stock 

with an FTA interest. 

• Updates to the subsection 

‘‘Disposition or Use of Assets for Other 

Than Purposes of the Award after the 

End of Their Useful Life’’ setting forth 

the requirements in 49 U.S.C. 5334(h) 

for retaining, using, and disposing of 

property with a fair market value of 

more or less than $5,000. 

E. Chapter V—FTA Oversight 

This chapter provides an overview of 

the FTA framework for evaluating 

recipient adherence to program and 

administrative requirements through a 

comprehensive oversight program. FTA 

determines compliance through selfcertification, oversight review, audits, 

and site visits. Major updates include: 

• Reorganization of the subsection 

‘‘Financial Management’’ to clarify 

major types of financial management 

oversight reviews. 

F. Chapter VI—Financial Management 

This chapter discusses requirements 

for the use and management of Federal 

assistance. Chapter VI changes include 

a reorganization and updates to 

information on non-Federal share of 

awards, indirect costs, program income, 

and single audits. Significant updates 

include: 

• The subsection ‘‘Non-Federal 

Share’’ has been updated to clarify what 

FTA considers an amount over the 

required match and a reference added to 

2 CFR 200.306. 

• The subsection ‘‘Transportation 

Development Credits under Additional 

Sources of Non-Federal Share’’ has been 

reorganized to clarify requirements for 

the use of, and the process for, 

determining the availability of such 

credits. 

• The subsection ‘‘In-Kind 

Contributions of Real Property under 

Additional Sources of Non-Federal 

Share’’ has been updated to clarify 

requirements governing the 

applicability of an FTA interest when 

real property is used as local match. 

• The subsection ‘‘Indirect Costs’’ has 

been reorganized and updated with 

additional information explaining the 

eligibility of indirect costs for FTA 

reimbursement. 

• The subsection ‘‘Cognizant Federal 

Agency under Indirect Costs’’ has been 

updated with additional information 

regarding FTA’s determination of the 

cognizant agency receiving FTA 

assistance. This determination is based 

on appendix V of 2 CFR part 200. 

• The subsection on ‘‘Plans and 

Proposals under Indirect Costs’’ has 

been updated with clarifications 

regarding FTA approval requirements 


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for Cost Allocation Plans or Indirect 

Cost Rate Proposals as well as for the 

election of the de minimis indirect cost 

rate. 

• The subsection on ‘‘Single Audits’’ 

has been updated with additional 

information on the resolution of audit 

findings, including provisions for FTA 

technical advice and counsel. 

G. Appendices 

FTA proposes revisions to the 

organization of the various appendices 

in this circular and the three program 

circulars it would supersede upon 

becoming final. Appendices have been 

moved, relabeled, updated, or removed. 

The revised structure of the appendices 

and an overview of major updates is 

included below: 

• Appendix A: Required Prerequisite 

Documentation 

Æ This appendix was added to 

capture guidance for key documents 

recipients must certify before receiving 

awards. 

• Appendix B: Award Development 

Æ This appendix was added as a 

compilation of guidance previously 

provided across the program circulars. 

Appendix B is designed to provide 

instruction for preparing an FTA 

application, developing an award 

budget, and information regarding an 

approved award budget. The appendix 

covers topics during the pre-application 

stage, at application submission, for 

developing an award budget, executing 

award approvals, a recommended 

application checklist, and examples 

related to award management. 

• Appendix C: Post-Award 

Modification 

Æ This appendix was added as a 

compilation of guidance previously 

provided across the program circulars. 

Appendix C has clarifications for 

common post-award changes. Postaward changes are primarily made 

through a revision to the award budget, 

an ‘‘administrative’’ amendment, or an 

amendment. The appendix provides 

enhanced guidance on the requirements 

for prior approval from FTA and more 

information on when either a budget 

revision, administrative amendment, or 

amendment is appropriate. 

• Appendix D: Real Estate Acquisition 

Management Plan 

Æ The updates include minor 

reorganization of information to clarify 

elements of a Real Estate Acquisition 

Management Plan. 

• Appendix F: Rolling Stock Status 

Report 

Æ Updates have been made to the list 

of elements included in the Rolling 

Stock Status Report to better align with 

requirements listed in the body of 

Chapter IV. FTA proposes minor edits to 

reflect changes made to the subsection 

‘‘Replacements at the End of the 

Minimum Useful Life.’’ 

• Appendix G: Equipment Disposition 

Scenarios 

Æ The appendix has been added to 

consolidate the equipment disposition 

scenarios previously provided within 

the body of this circular and the 

circulars that would be superseded by 

this circular. 

• Appendix H: Cost Allocation Plans 

Æ Clarifications have been made to 

the Submission Requirements 

subsection to incorporate 2 CFR part 

200 reference. 

Æ A section ‘‘Cost Allocation Plan 

Review and Approval’’ has been added 

which consolidates the requirements for 

recipients to submit their Cost 

Allocation Plan for review and 

approval. 

• Appendix I: Indirect Cost Rate 

Proposals 

Æ Clarifying edits have been made 

throughout to enhance guidance 

surrounding the requirements for 

preparation, submission, and FTA 

approval of Indirect Cost Rate Proposals. 

Æ References to applicable 2 CFR part 

200 requirements have been 

incorporated. 

Æ Cost Allocation Plan information 

has been moved incorporated into 

Appendix H. 

Closing 

After a review and consideration of 

the comments provided on the updates 

proposed, FTA will publish the updated 

Award Management Requirements 

circular (C 5010.1) on its website. On 

October 5, 2023, the Office of 

Management and Budget (OMB) 

published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register to revise 2 CFR part 200 and 

other OMB guidance for grants and 

agreements (88 FR 69390). FTA intends 

to incorporate any changes in 2 CFR 

part 200 to the extent OMB issues the 

final rule before FTA publishes the 

updated circular. 

Nuria I. Fernandez, 

Administrator. 

[FR Doc. 2024–03044 Filed 2–13–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

[Docket No. DOT–OST–2015–0070] 

Joint Application of Delta Air Lines, 

Inc. and Aerovias de Mexico, S.A. de 

C.V. for Approval of and Antitrust 

Immunity for Alliance Agreements 

AGENCY: Office of the Secretary of 

Transportation (OST), Department of 

Transportation (DOT). 

ACTION: Notice of order to show cause 

and order extending comment period. 

SUMMARY: The United States Department 

of Transportation is required to give 

notice in the Federal Register that it has 

issued an Order to Show Cause 

tentatively dismissing without prejudice 

the application of Delta Air Lines 

(‘‘Delta’’) and Aerovias de Mexico, S.A. 

(‘‘Aeromexico’’) (collectively the ‘‘Joint 

Applicants’’) to renew the Department’s 

approval and grant of antitrust 

immunity (‘‘ATI’’) for their Joint 

Cooperation Agreement (‘‘JCA’’) and 

alliance agreements. Subsequently, 

upon motion of the Joint Applicants, the 

Department issued an Order extending 

the comment period. Interested 

stakeholders are invited to submit 

comments on the tentative decision. 

DATES: Objections or comments to the 

Department’s tentative findings and 

conclusions were initially due no later 

than 14 calendar days from the service 

date of the Order (i.e., February 9, 2024), 

and answers to objections were to be 

due no later than seven (7) business 

days thereafter (i.e., February 21, 2024). 

In a subsequent motion, the Joint 

Applicants petitioned for an extension 

of the comment period. The Department 

partially granted the request; objections 

or comments to the Department’s 

tentative findings are now due no later 

than February 23, 2024, and answers to 

objections are now due no later than 

March 5, 2024. If no objections are filed, 

all further procedural steps shall be 

deemed waived, and we may enter an 

order making final our tentative findings 

and conclusions. 

ADDRESSES: You may send comments, 

identified by docket number DOT–OST– 

2015–0070, via the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions for sending 

comments. In addition, comments must 

be properly served on all interested 

parties in accordance with the 

Department’s procedural regulations (14 

CFR part 302). 

FOR FURTHER INFORMATION CONTACT: 

Jason Horner, Transportation Industry 


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